62-730.220. Applications for Permits and Other Authorizations  


Effective on Wednesday, November 13, 2019
  • 1(1) The Department adopts by reference the following sections of 1140 C.F.R. Part 270 15revised as of July 1, 2018 21http://www.flrules.org/Gateway/reference.asp?No=Ref-10449, 23and as amended in the 84 Federal Register dated February 22, 2019 (5816-5950) 36http://www.flrules.org/Gateway/reference.asp?No=Ref-1078038: 39270.1(c), except for the Project XL site-specific regulations in 270.1(c)(2)(ix); 270.2, except for the optional amendments to the definition of “permit” and “Standardized Permit” in the Federal Register dated September 8, 2005 (70 FR 53419); 270.3; 270.4; 270.6; 77270.10 78except for the optional amendments to 84270.10(a) 85and (h) in the Federal Register dated September 8, 2005 (70 FR 53419); 98270.11; 99270.12 through 270.28; 270.30; 270.31; 270.32(b)(2); 270.33; 270.51 except for the optional amendments to 270.51(e) in the Federal Register dated September 8, 2005 (70 FR 53419); 270.61; 270.62; 270.65; 270.66; 270.68; 270.72; 270.79 through 270.230; and 270.235.

    136(2)(a) Applicants for hazardous waste permits shall use the following forms, which are hereby adopted and incorporated by reference, and shall comply with subsection (7) of this section. 164These forms can be obtained on the internet at https://floridadep.gov/waste/permitting-compliance-assistance/content/forms-chapter-62-730-hazardous-waste or by contacting the Permitting and Compliance Assistance Program, MS 4500, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

    2001. Application for a Hazardous Waste Permit Part 1 – General, Form 21262-730.900(2)(a), 213effective date 12-2019 (217http://www.flrules.org/Gateway/reference.asp?No=Ref-11233219).

    2202. Information Regarding Potential Releases from Solid Waste Management Units, Form 23162-730.900(2)(c), 232effective date 12-2019 (236http://www.flrules.org/Gateway/reference.asp?No=Ref-11234238).

    2393. Application for a Hazardous Waste Facility Permit Certification, Form 24962-730.900(2)(d), 250effective date 12-2019 (254http://www.flrules.org/Gateway/reference.asp?No=Ref-11235256).

    257(b) The Department shall, upon request of the applicant, combine applications for all required hazardous waste permits at the same hazardous waste facility into one issued permit. The fee for a combined application shall be the highest of all applicable fees. Operation under a combined construction and operation permit shall not begin until the facility is in full compliance with 31740 C.F.R. Part 264 321standards.

    322(3) All applicants for hazardous waste authorizations (including permits) shall supply the number of copies of applications and supporting documents requested by the Department. All copies shall contain original signatures and seals in all instances where a signature or certification is required. Except as otherwise instructed in this rule, all applications shall be sent for review and determination to the Hazardous Waste Regulation Section, MS 4560, Division of Waste Management, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

    403(4) All applicants for a hazardous waste authorization shall indicate all other federal and state laws that may apply to the activity for which authorization is requested.

    430(5) 43140 C.F.R. 262.14(a)(5)(iii) 434[as adopted in subsection 43862-730.160(1), 439F.A.C.] provides that waste generated by very small quantity generators (“VSQG waste”) must be delivered to certain specified facilities, including a facility “authorized to manage hazardous waste by a State with a hazardous waste management program approved under Part 271 of this chapter.” Florida is such a state. The Department’s authorization to manage VSQG waste shall include facility-specific operating conditions, including location, generator responsibilities, amount and type of wastes, time limits, and recordkeeping, as appropriate to the request and generator status of the authorized person.

    524(6) Within 60 days after receipt of an application for a hazardous waste facility authorization, the Department shall examine the application and notify the applicant of apparent errors or omissions and request additional information through a Notice of Deficiency (NOD). The applicant shall respond to the Department within the time limit set forth in the NOD or within 30 days of receipt of the NOD, if no time limit is set forth in the NOD. Failure to provide complete and adequate responses to an NOD with respect to application for a hazardous waste authorization within the time limit is a violation of this rule.

    628(7) Applicants for a hazardous waste permit shall include with Part II of their permit application all of the following information, as applicable, in addition to that required by the sections of 66040 C.F.R. Part 270 664adopted in subsection (1) of this rule.

    671(a) Owners or operators of facilities that store or propose to store containers of hazardous waste shall include a complete description of the procedures used to comply with 69940 C.F.R. 264.171, 702264.172 and 264.173.

    705(b) Owners or operators of facilities that use or propose to use tank systems for storage or treating hazardous waste shall include a copy of the complete plan describing their response to leaks or spills and disposition of leaking or unfit-for-use tank systems as required by 75140 C.F.R. 264.196. 754For tank systems that do not meet the containment requirements of 76540 C.F.R. 264.193, 768the application shall include a complete description of the leak test or other approved method used to comply with 78740 C.F.R. 264.193(i)(1), 790(2) and (3).

    793(c) Owners or operators of facilities that treat or dispose of hazardous waste in land treatment units or propose the use of land treatment units shall include:

    8201. A complete description of an unsaturated zone monitoring program that complies with 83340 C.F.R. 264.278; 836and,

    8372. A complete statement of how the recordkeeping requirements of 84740 C.F.R. 264.279 850will be met.

    853(d) Owners or operators of facilities that dispose or propose to dispose of hazardous waste in landfills shall include a complete description of how the surveying and recordkeeping requirements of 88340 C.F.R. 264.309 886will be met.

    889(e) The owners or operators of facilities that incinerate or propose to incinerate hazardous waste shall include a certification of the results of monitoring temperatures, waste feed rates, carbon monoxide, and an appropriate indicator of combustion gas velocity. The certification shall include a statement about the precision and accuracy of these measurements for any previously conducted trial burn.

    947(f) The owners or operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units or propose the use of miscellaneous units shall include a complete explanation of how the requirements of 98240 C.F.R. 264.17 985will be met if ignitable, reactive, or incompatible wastes are to be placed in the miscellaneous unit.

    1002(g) Owners or operators of hazardous waste treatment, storage or disposal facilities that intend to operate a transfer facility at the facility shall submit information that demonstrates compliance with Rule 103262-730.171, 1033F.A.C., as part of the hazardous waste facility permit application which is described in Rule 104862-730.220, 1049F.A.C.

    1050(8) All applications for an authorization shall be certified by the facility owner, facility operator, and real property owner. The determination of the proper person to sign applications as owner, operator and real property owner shall be made in accordance with the provisions of 109440 C.F.R. 270.11.

    1097(9) All applications, plans, specifications, certification of construction completion reports, and other related documents shall be certified by a professional engineer registered in the State of Florida, except as provided in subsection 112962-4.050(3), 1130F.A.C.

    1131(10) All applications, plans, specifications and supporting documents, or any part thereof, which involve the practice of professional geology as defined in chapter 492, F.S., shall be certified by a professional geologist licensed by the State of Florida.

    1169(11) All applications for hazardous waste authorizations, other than permits, shall include all the information required by this part and by Forms 119162-730.900(2)(a), 1192(c), and (d) as adopted in paragraph 119962-730.220(2)(a), 1200F.A.C. All applications for hazardous waste authorizations that include elements of a Part II permit application shall be submitted in the same format as the instructions provided by the Department. For example, the Closure Plan shall be in “Part II. K” of the application. Provide a header with the revision number, date and page number on each page of the application. Applications (or revised pages to applications) shall include an index page which indicates all the items being certified by a professional engineer.

    1283Rulemaking Authority 1285403.061, 1286403.087, 1287403.704, 1288403.721, 1289403.722, 1290403.8055 FS. 1292Law Implemented 1294403.151, 1295403.704, 1296403.707, 1297403.721, 1298403.722, 1299403.723, 1300403.727 FS. 1302History–New 7-9-82, Amended 1-5-84, 8-19-84, 7-22-85, Formerly 17-30.22, Amended 9-23-87, 6-28-88, 12-12-88, Formerly 17-30.220, Amended 8-13-90, 9-10-91, 10-14-92, 10-7-93, Formerly 17-730.220, Amended 1-5-95, 4-30-97, 8-19-98, 2-4-00, 12-20-00, 8-1-02, 10-1-04, 1-29-06, 4-6-06, 5-1-07, 4-25-08, 5-8-09, 10-12-11, 4-23-13, 4-5-16, 6-18-18, 6-26-19, 11-13-19.